JAIPAL SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This criminal appeal, under Section 374 of Criminal Procedure Code (in short Cr.P.C.), has been filed against the judgment and order dated 17-10-2001, passed by Smt. Indira Ashish, Special Judge, C.B.I./Prevention of Corruption, Uttaranchal, Dehradun, in C.B.I. Case No. 15 of 1996, C.B.I. Vs. Jaipal Singh, convicting the accused/appellant under Section 7 of Prevention of Corruption Act and sentencing him to undergo two years R.I. and to a pay a fine of Rs.5,000/- and in default of payment of fine to further undergo two months' R.I. and further convicting the appellant under Section 13(1)(d) read with Section 13(2) of Prevention of corruption Act and sentencing him to undergo four years R.I. and to pay a fine of Rs. 10,000/- and in default of payment of fine to further undergo R.I. for three months. However, it was directed that both the sentences shall run concurrently.

(2.) Brief facts of the case are that on 4.6.1996 Inspector C.B.I. Sri O.P. Parera was camping at Meerut and was present in S.I.C.-4, C.B.I. Camp Office, at P.W.D. Inspection House, Meerut. At about 9.00a.m. Complainant Anil Singhal, Pharmacist, Central Government Health Service Scheme, (C.G.H.S.C.), Dispensary, Lekha Nagar Meerut Cantt. handed over written complaint Ext. Ka.2 to Sri O.P. Parera, mentioning therein that the complainant Anil Singhal is posted on the post of Pharmacist at Meerut in the C.G.H.S. Department with effect from 26.3.1987. He was suspended by the department on 28-6-1989 and he was reinstated by the department on 20-9-1990. The complainant had written to the department many times for the payment of arrear of pay for the period of his suspension, but he has not yet been paid the arrear. On 3-6-1996 at about 2.00 p.m. the complainant met to accused Jaipal Singh, who was posted as Office Superintendent and requested him to expedite the payment of arrear of his pay. At this the accused asked the complainant to file new application for payment of arrear and the application was moved by the complainant on the same day, i.e. 3-6-1996. The accused demanded a sum of Rs. 2,500/- as gratification from the complainant saying that he would recommend the payment after giving suitable remark and the arrear would certainly be paid to him. The accused asked the complainant to be present in his office along with a sum of Rs. 2,500/- to be given in gratification on 4.6.1996 in between 2 and 3 p.m. and he also threatened the complainant in case he did not fulfil the demand of gratification, he would not recommend the application of complainant for payment of arrear of pay. It was also mentioned in the complaint that the complainant is a low salaried Pharmacist and he does not want to give illegal gratification to the accused.

(3.) On receiving the complaint, Inspector Sri O.P. Parera gave written direction Ext. Ka.2/3, to Sub-Inspector Sri R. Chahal to inquire and verify the truth of complaint and to submit his report. Soon thereafter Sub-Inspector R. Chahal along with the complainant went to the office of the accused at 9.30 a.m. and came to know that the accused is posted as Office Superintendent there and looking after the matter of payment of arrear of suspension period of complainant and his reputation was not good and the complaint was true. In this regard he sent his report Ext. Ka.2/4 to Inspector O.P. Parera and Inspector O.P. Parera was of the opinion that an offence U/S 7 of Prevention of Corruption Act is evident on the complaint. Therefore Inspector O.P. Parera proceeded further in the case himself and its entry was made in Ext. Ka.2/5. On the basis of the complaint, on 4.6.1996 at 12.15p.m. C.B.I. Inspector O.P. Parera, Sub-Inspector Rajesh Chahal, Sub-Inspector S.S. Atwal and Sub-Inspector N.R. Thakur and independent witnesses D.K. Nanda, Deputy Chief Officer, Indian Overseas Bank, Regional Office Meerut and Sri A.K. Goyal, Officer, Zonal Office, Punjab National Bank, Saket, Meerut and complainant Anil Singhal collected at S.B.I. Transit House, 483/6, Shastri Nagar Meerut in order to prepare pre-trap memo Ext. Ka.3. The purpose of the team was told to all the present members and the complaint of Anil Singhal was read over. The complaint also accepted the complaint as well as his signatures on it. Both the independent witnesses in order to verify the truth of complaint, asked some questions from the complainant. Thereafter the complainant took out five notes of Rs. 5,00/- each to be given to the accused in gratification, bearing numbers 2CG-452315, 6CF-224113, 6CC-652705, 2BP- 970314 and 8BS-665644.